09-09-1991 Council Packet - Laserfiche WebLink

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t- Zoning File #1671 September 5r 1991 Pa<^e 3 regular maintenancer no plantings. Applicant also proposes a change to the color of the exterior of the building which, unfortunately, the City has no control over but many residents would be happy to see any change. Please review Exhibit A-1, applicant's description of the commercial operation proposed for the site. Please note Page 3 of the commentary in which applicant compares the proposed use with the former use. Note that the product distribution center will remain at its Maple Plain location. The hours of operation for the proposed commercial use will be trimmed back considerably as former retail use was open 7 days a week and hours of operation would extend into late evening hours. The proposed business does not need the high volume customer counts as did the grocery/vegetable retail use. If this conditional use permit is to be approved, the City will require strict controls on any growth, i.e. expansion of structure, expansion of employees, expansions in use. It should be noted that there is no longer any exterior storage planned by the applicant. On all previous retail site plans, the grocery/vegetable store use was approved with a 20' X 25' outside sales area to the east side of the structure which often became a problem with encroachment into the immediately adjacent State right-of-way. Rsfvlew of Issues Raised by Planning Ccssaission Question of appropriate application. Certaiii members of the Planning Commission questioned whether this should have been an application for a commercial site plan review rather than a conditional use permit and variance. Once again staff would ask that you review the pertinent sections of the ordinance sited on the first page of this memo. This is a residential zoned property. A non-conforming use in our Code is recognized via a conditional use permit. Standards of such a conditional use permit are set forth under Section 10.03, Subdivision 5 and any variations to those standards require variances. There is nothing in our Code that requires a commercial site plan for a use within a residential zoning district. Commercial standards may be used aa appropriate standards in the consideration of non- conforming use site plans/floor plans. The current application involves a conditional use permit for a non-conforming commercial use of a residential zoned property and in addition seeks variances to the standards set forth under the non-conforming use section, i.e. change from one non-conforming use to another and depending upon Council's final determination concerning the discontinuance of the commercial use on the property a variance to that section also. .....